TrademarksCopyrightsGuides

5 Things You Need to Know About Trademarking a Logo

May 17, 2022

If you're a business owner, your brand's identity is certainly important to you. You would want to take every action to ensure your business is recognized for its credibility across your target market, even if there's an investment involved. This is the most common reason brands go for trademark registration to ensure their uniqueness is preserved and not challenged.

In this blog, we cover some of the vital things you need to know while registering your business logo as a trademark. Let’s begin!

1. Is It Important to Trademark Your Logo?

Many small businesses hold back from registering their trademark because U.S. law gives you the ownership of your logo as soon as you use original work with your business name and market your products with it. However, trademark registration offers stronger protection. With a trademark, you declare your sole ownership of your business. This also stops another brand from using your logo and taking legal action if another company uses your logo or similar entity.

Moreover, trademarks are valuable for business people who wish to expand their business to another territory in the future. This further prevents confusion when you reach out to new markets and helps establish more substantial brand credibility.

2. What Are the Benefits of Trademark Registration?

There are multiple benefits of registering your logo as a trademark:

  • Registered trademarks ensure protection under the federal Anti-Cybersquatting Consumer Protection Act, which gives you the right to take legal action against anyone using identical or similar trademarks.
  • Registering your trademark helps you protect your brand’s identity even in a foreign land.
  • You obtain the right to ask U.S. customers and border agencies to confiscate counterfeit and infringing goods.
  • It gives you the ability to bring infringement lawsuits in federal court instead of state.
  • Registered trademark earns you recognition as the owner of the trademark throughout the U.S.

3. What Is the Process to Trademark Your Logo?

Step 1: Conduct Trademark Search

The first step to getting a trademark is conducting a thorough trademark search to ensure you are not violating any existing trademarks. Ensuring that your logo is unique to your brand also expedites the trademark approval process. This critical step also helps you save money you would spend applying to register an already trademark already in use.

There are two ways to do a Trademark Search:

Step 2: Fill Out the Trademark Registration Form

Once you are done with Trademark Search, it’s time to fill out the trademark application through Trademark Electronic Application System (TEAS). You need to choose from one of the two options, namely, TEAS Plus and TEAS Standard.

You can apply for the one that best suits your requirements. Once you have selected the application type, you can provide the details and make payment.

You will receive an official confirmation by email after submitting  the "intent to use" form. All you have to do is wait for approval, which takes about three months after you apply. An attorney will review your application to ensure that it meets all legal requirements for trademark registration.

Step 3: Monitor the Application Progress Over Time

Ensure to track application progress even three to four months via Trademark Status & Document Retrieval (TSDR). You can use your reference number to track the application status and make sure you abide by the important deadlines.

4. Who Owns the Trademark of a Logo?

A trademark is owned by the person who files the trademark.

5. The Approval Process

USPTO officials will scan through the database of existing logos to check the availability of the trademark you want to register. If they find an identical or similar trademark, your application will be rejected without a refund. If they find nothing similar and your application meets all the legal requirements, they'll approve your mark for publication in the United States Patent and Trademark Office's weekly magazine, the "Official Gazette."

Once the magazine is circulated, anyone who notices an infringement can file an opposition within 30 days.  If there is no opposition, trademark registration is complete, and you receive a certificate of registration.

If someone does contest the mark, the opposition is reviewed by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board (TTAB). If the opposing party is unsuccessful in their claim, your trademark registration is complete.

Are You Ready to Register Your Logo as a Trademark?

Trademark Engine’s web-based tool can help you find the solution to any  Trademark and Copyright issues you have. You can perform trademark searches, obtain comprehensive reports, or find help to register your trademark — all in one place. 

Have any queries or questions? Reach out to find expert assistance. 

RELATED POSTS